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Public Law

France

The different forms of state intervention and, more generally, intervention by the national or local public sector in the economy are covered by public law.

Irrespective of the size of your business, whether you are a non-profit organisation or part of the public sector, we can advise you and defend you in any matter relating to public law.
For any public law issues or issues falling within other legal areas, such as tax implications, our highly technical team can offer you multi-disciplinary support, oriented towards the implementation of appropriate solutions.

With 10 associates including 4 partners, our specialists can assist you in all areas of public business law and public property law. We can help you respond to calls for tenders from public and private buyers and we can assist public sector organisations with their outsourcing policies, their implementation and their financing. We can also advise public authorities and their associated entities on the reorganisation of their intervention methods. We can assist you with knowing and understanding industry regulations applicable to you and your negotiations with regulators. We can help make your building projects possible in a climate where urban and environmental rules and land control (in the private and public sector) are becoming increasingly complex. We can also help you optimise costs: our work concerns the set-up of such operations, such as drafting and negotiating any related contract documents. Finally, with confirmed litigation experience in all public law disciplines, we can represent you, whether you are a claimant or a defendant, in all types of litigation before administrative, judicial, financial and European courts.

"Technically proficient team doing significant work on public contracts, procurement, and concessions. Major clients are typically industrial companies for whom the team provides advice and litigation services. Also assists public entities as well as private clients with urban planning, environmental law and regulatory matters, especially in the energy sector”. Quotes from clients : "Very reliable team with a good command of the subject."Chambers Europe 2015

"CMS has ‘great expertise in public law’, particularly PPP projects in the transport sector Legal EMEA Paris 2015

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    Public Law Litigation

    Whether you are asking the court to vindicate your rights or you are defending yourself, litigation is sometimes unavoidable in situations that involve public entities or in the broader context of public operations.

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    Organisation and financing of the public sector

    In France the public sector is particularly vast: the Government, local public entities, public institutions, public and para-public bodies, as well as mixed-economy companies and public companies.

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    Public real estate, urban planning and development

    Carrying out a real-estate operation, whether it is in the housing, office, commercial or industrial sector, requires knowledge of all the legal tools needed to carry out your projects, as well as of the relevant risks.

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    Regulated industries

    Energy, electronic communications, transport, postal services, online gaming - all these industries are subject to specific, complex and constantly evolving rules, not just for technical reasons, but especially because these markets have been opened to competition within Europe, which raises a number of issues.

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    Virginie Dor
    28/06/2016
    CMS Pub­lic Pro­cure­ment Guide
    CMS e-guide of­fers a com­pre­hens­ive over­view of EU Pub­lic...
    13/09/2017
    The ap­plic­a­tion of EU mer­ger con­trol cla­ri­fied: no EC no­ti­fic­a­tion...
    In the first ever pre­lim­in­ary rul­ing on the EU mer­ger con­trol re­gime, the Court of Justice of the European Uni­on ("CJEU") brought much needed clar­ity on wheth­er the shift from sole con­trol to joint con­trol in an ex­ist­ing un­der­tak­ing is covered by the EU Mer­ger.
    27/04/2017
    Pub­lic pro­cure­ment sub­con­tract­ing: re­quir­ing con­tract­or to ex­ecute...
    As you will re­call, the Court of Justice ruled in a judg­ment of 14 Ju­ly 2016 (C-406/14) that a con­tract­ing au­thor­ity is not al­lowedto re­quire, by a gen­er­al stip­u­la­tion in the tender spe­cific­a­tions of a pub­lic con­tract, that the fu­ture con­tract­or of that con­tract.
    10/02/2017
    As­sess­ing pro­por­tion­al­ity in pub­lic pro­cure­ment? The un­cer­tainty re­mains
    On 14 Decem­ber 2016, the European Court of Justice ("ECJ") answered the Dutch Su­preme Court’s ("DSC") pre­lim­in­ary ques­tions re­gard­ing Art­icle 45 (2) of the EU pub­lic pro­cure­ment dir­ect­ive (Dir­ect­ive 2004/18/EC) and gen­er­al prin­ciples of equal treat­ment and.
    30/01/2017
    Ten­der­ers must com­ply with re­quire­ments for ex­clu­sion grounds at date...
    On 10 Novem­ber 2016, the Court of Justice rendered an in­ter­est­ing de­cision (in Ciclat Soc. coop. v. Con­sip SpA, C-199/15) re­gard­ing the ap­plic­a­tion of ex­clu­sion grounds. In this par­tic­u­lar case, a ten­der­er did not com­ply with its ob­lig­a­tions of so­cial se­cur­ity.
    22/11/2016
    Dis­pute res­ol­u­tion in the con­struc­tion in­dustry: a new pro­ced­ure has...
    Dis­putes of­ten arise dur­ing con­struc­tion pro­jects. In these cases the cli­ent and the con­struct­or face a unique chal­lenge: how to settle the dis­pute without delay­ing the pro­ject and without adding ex­tra costs? For such dis­putes the Ar­bit­ra­tion Board for the.